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2022 Supreme(Mad) 2834

SATHI KUMAR SUKUMARA KURUP
Texon India Private Limited, Rep. by its Authorised Signatory, A. Venkatesan, Chennai – Appellant
Versus
TAW Exports Private Limited, Rep. by its Director, Chennai – Respondent


Advocates appeared:
For the Petitioner:H. Siddarth, Advocate. For the Respondent:K.M. Aasim Shehzad, for M/s. BFS Legal, Advocates.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the common order dated 08.10.2021 passed by the Learned XVIII Additional City Civil Court, Chennai, in I.A.No.1 of 2021 in O.S.No.3460 of 2020.)

1. This petition had been filed seeking to set aside the order passed in I.A.No.1 of 2021 in O.S.No.3460 of 2020 on the file of the XVIII Additional City Civil Court, Chennai.

2. It is the contention of the Learned Counsel for the Petitioner that the petition had been filed seeking to set aside the order passed in I.A.No.1 of 2021 in O.S.No.3460 of 2020, filed by the Defendant seeking leave to defend.

3. It is the further contention of the Learned Counsel for the Petitioner that he had filed a suit in O.S.No.3460 of 2020 under Order XXXVII Rule 4 of CPC, and on filing the suit, the Plaintiff issued Judges summons based on which notice had been served within 10 days to the Defendant. The Defendant claims that he was not served with the notice of Judges summons within 10 days as specified in Order XXXVII Rule 3 of CPC. Therefore, he had claimed that his valuable right of defence had been affected and he sought to convert the suit into an ordi

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